<p> The High Court has said that there cannot be an offence of criminal trespass if possession itself is not with the complainant. Justice M Nagaprasanna observed this in a case while quashing proceedings against five petitioners, primarily for trespassing.</p>.<p>The court said section 447, which deals with criminal trespass, hinges upon the complainant being in possession of the property, as one can trespass a property not belonging to the accused but belonging to the complainant and cause mischief or damage under section 427 of the IPC. “Therefore, Section 447 of the IPC which directs punishment for criminal trespass has in itself, a civil flavour. Therefore, Section 447 as defined under Section 441 of the IPC is an interplay between a civil right and a crime,” Justice Nagaprasanna observed.</p>.<p>The land in question in Kodigehalli was notified in favour of NTI Housing Co-operative Society and the petitioners had purchased the sites from the society on different dates from 2013. The original land owner had challenged the land acquisition and her claim was dismissed in the High Court.</p>.<p>It was the case of the land owner that on January 13, 2018, the site owner petitioners had trespassed and created a ruckus. The land owner had filed the complaint seven months after the incident and the police had filed the charge sheet.</p>.<p>The petitioner site owners challenged the proceedings before the HC. “If the possession of the property itself is in doubt, driving home the offences beyond all reasonable doubt, would without a doubt become doubtful. On such a premise, if further proceedings are permitted to continue against the petitioners, notwithstanding the fact that the charge sheet has been filed by the police, would become an abuse of the process of law and result in a miscarriage of justice,” the court said, adding that the observations made are only for the purpose of consideration of the case of the petitioner and the same shall not bind or influence any further proceedings before any judicial fora.</p>
<p> The High Court has said that there cannot be an offence of criminal trespass if possession itself is not with the complainant. Justice M Nagaprasanna observed this in a case while quashing proceedings against five petitioners, primarily for trespassing.</p>.<p>The court said section 447, which deals with criminal trespass, hinges upon the complainant being in possession of the property, as one can trespass a property not belonging to the accused but belonging to the complainant and cause mischief or damage under section 427 of the IPC. “Therefore, Section 447 of the IPC which directs punishment for criminal trespass has in itself, a civil flavour. Therefore, Section 447 as defined under Section 441 of the IPC is an interplay between a civil right and a crime,” Justice Nagaprasanna observed.</p>.<p>The land in question in Kodigehalli was notified in favour of NTI Housing Co-operative Society and the petitioners had purchased the sites from the society on different dates from 2013. The original land owner had challenged the land acquisition and her claim was dismissed in the High Court.</p>.<p>It was the case of the land owner that on January 13, 2018, the site owner petitioners had trespassed and created a ruckus. The land owner had filed the complaint seven months after the incident and the police had filed the charge sheet.</p>.<p>The petitioner site owners challenged the proceedings before the HC. “If the possession of the property itself is in doubt, driving home the offences beyond all reasonable doubt, would without a doubt become doubtful. On such a premise, if further proceedings are permitted to continue against the petitioners, notwithstanding the fact that the charge sheet has been filed by the police, would become an abuse of the process of law and result in a miscarriage of justice,” the court said, adding that the observations made are only for the purpose of consideration of the case of the petitioner and the same shall not bind or influence any further proceedings before any judicial fora.</p>
